4. The applicant was born in 1993 and lives in Hakkari.
5. On 22 March 2008 the applicant, who was fifteen years old at the time, was arrested for participating in an unlawful demonstration in support of an illegal organisation, the PKK (the Workers’ Party of Kurdistan). According to the arrest report signed by the applicant, a group of three hundred people gathered by the Atatürk statue in Hakkari city centre shouting slogans in support of the illegal organisation. They then attacked the statue with stones and sticks. The police intervened and started chasing the demonstrators, who set up a barricade in the street and burned car tyres. The arrest report stated that the applicant had been among the people arrested during the incident.
6.  In video footage submitted by the applicant, he is seen in the street crying, and a plain-clothes police officer is seen holding him by the right arm. The officer is then seen twisting his arm behind his back, which forces him to bend forward. While this is happening another police officer calls the applicant “dishonourable” (şerefsiz). There appear to be no other demonstrators present and besides the police officer holding the applicant, there appear to be at least four other officers next to him.
7.  On the same day the applicant was examined by a doctor at the Hakkari Forensic Medicine Institute, who noted no signs of ill-treatment on his body.
8.  On 23 March 2008 the applicant underwent another medical examination. The report drawn up in respect of the applicant again indicated no signs of ill-treatment on his body.
9.  The applicant was subsequently brought before the Hakkari public prosecutor and the Hakkari Magistrates’ Court respectively. In the presence of his lawyer, he denied the accusations against him, specifically stating that he had neither participated in the unlawful demonstration nor shown resistance to the police officers, and maintained that he had been walking through the city centre when he was apprehended. Following his interrogation, the investigating judge ordered his immediate release.
10.   The public prosecutor filed an objection against the decision of the investigating judge. On 25 March 2008 the Hakkari Criminal Court found in line with the public prosecutor and ordered the applicant’s pre-trial detention. He was rearrested and detained the same day. Before being taken to prison, the applicant was examined by a doctor at the Hakkari State Hospital, who noted no signs of ill-treatment on his body.
11.  On 28 March 2008 the applicant’s parents filed a criminal complaint against the police officers involved in his arrest, alleging that as a result of the excessive force used during his arrest, their son’s arm had been broken. On the same day the applicant was taken to the Hakkari State Hospital for a medical examination. The doctors ordered X-rays of his head, shoulders, arms, wrists and hands. According to the medical reports, the applicant had no fractures, but had an old scar measuring 2 x 1 cm on his vertex (the top of his head) as a result of an earlier fall, and a scabbed wound of 2 x 1 cm on the second phalanx (finger bone) of his right hand index finger.
12.  On 31 March 2008 the applicant was examined again, this time by the prison doctor, who reported a minimal oedema (slight swelling) on his right elbow resulting from a soft issue injury and noted the presence of healing wounds on the distal phalanges of his right hand ring and little fingers.
13.  The Hakkari public prosecutor initiated an investigation into the applicant’s parents’ allegations of ill-treatment. On 17 April 2008 he decided not to bring criminal proceedings against the police officers who had arrested the applicant. In his decision he explained that he had examined the video-recording of the applicant’s arrest and concluded that the police officers had not used excessive force. He further observed that the medical reports drawn up on 22 and 23 March 2008, the first and last days of his time in police custody, and the subsequent report dated 25 March 2008, issued the first day of his pre-trial detention, revealed no signs of ill‑treatment on his body. Furthermore, although the applicant alleged that his arm had been broken, the X-rays did not show any fracture. The Hakkari public prosecutor also took into consideration that the applicant, who was represented by a lawyer during his interrogation on 23 March 2008, had not mentioned that he had been ill-treated or that his arm had been injured. Furthermore, he had been released that day and until his subsequent pre-trial detention on 25 March 2008 his parents had not complained of any ill‑treatment or noticed that the arm of their son had been fractured. The public prosecutor also referred to photographs and news articles published by several media organisations regarding the applicant’s allegations of ill‑treatment. He noted that upon the instructions of the terrorist organisation, some of the media organisations had started a campaign against the security forces, alleging that a young person’s arm had been fractured by the police. In this connection, the names and even the addresses of the officers who had arrested the applicant had been published and the incident was being used to create an uprising against the security forces. Furthermore, it also transpired that a bank account had been opened in the name of the applicant’s family to which charitable donations had been made. The prosecutor’s decision indicated that investigations into these events were pending. Lastly, he concluded that the applicant’s allegations had been made to debase the police officers, and that there was no evidence in support of his claims.
14.  On 11 April 2008 the applicant was released.
15.  Between 21 and 30 April 2008 the applicant underwent a number of medical examinations at the İzmir Branch of the Human Rights Foundation. The applicant told the doctors that his police custody had lasted for three days and during this time he had been subjected to ill-treatment. A medical report issued on 8 May 2008 mainly focused on his allegations of ill‑treatment during police custody and indicated that he had an oedema in his left ear and nose as well as effusion (swelling) on the right elbow resulting from trauma. He was also found to be suffering from severe depression and post-traumatic stress disorder. The doctors concluded that his physical and psychological condition was directly linked to his treatment during arrest and detention.
16.  On 9 May 2008 the applicant lodged an objection with the Van Assize Court challenging the decision of the Hakkari public prosecutor dated 17 April 2008. He alleged that he had been subjected to ill-treatment during his arrest and submitted the medical report of 8 May 2008 in support of his allegations.
17.  On 27 May 2008 the Van Assize Court dismissed the objection.
18.  On 30 May 2008 the public prosecutor initiated criminal proceedings against the applicant in the Van Assize Court under Law no. 2911 (Assemblies and Marches Act) for taking part in an illegal demonstration. On 9 June 2010 he was acquitted of all charges on account of a lack of evidence.
19.  In the meantime, in May 2009 the applicant lodged a claim with the Van Administrative Court for compensation in respect of the pecuniary and non-pecuniary damage he had suffered on account of his ill-treatment on 22 March 2008. On 3 May 2010 that claim was dismissed.